Construction work in Queens is among the most dangerous jobs in New York City. Our analysis of NYC Department of Buildings data shows that Queens had 69 construction site incidents in 2024 alone, resulting in 71 injuries and 1 fatality. Queens has a fatality rate of 4.4% for all construction incidents over 2024-2025. That is double the citywide average. If you have been injured on a construction site anywhere in Queens, from the high-rise developments of Long Island City to the residential projects in Flushing and Astoria, you need a Queens construction accident lawyer who knows both New York's worker protection laws and the local construction scene.
Call (646) 647-3398 for a free consultation | Se Habla Español
View text version of this infographic
Queens Construction Incidents (2024)
Based on NYC Department of Buildings Data:
- Total Incidents: 69
- Total Injuries: 71
- Fatalities: 1 (4.4% fatality rate)
Queens has the highest construction fatality rate among NYC boroughs — double the citywide average.
What's in this video?
Adam and Brian Orlow discuss how The Orlow Firm helps construction workers injured on job sites throughout Queens recover compensation through both workers' compensation and third-party lawsuits.
New York's Scaffold Law: Your Strongest Protection
New York Labor Law Section 240, known as the "Scaffold Law," is the strongest worker protection statute in the country for construction accidents. It places absolute liability on property owners and general contractors when they fail to provide proper safety equipment for elevation-related work.
Why absolute liability matters: Under Labor Law 240, if you fell from a ladder, scaffold, or roof because proper safety devices were not provided, the owner and general contractor are strictly liable. This applies even if your own negligence contributed to the accident. This is unique to New York and eliminates the comparative fault defense that defendants use in other states to reduce your recovery.
Labor Law 240 applies when you were:
- Working on scaffolds, ladders, hoists, or elevated platforms
- Erecting, demolishing, repairing, or altering a building
- Painting, cleaning, or pointing a structure
- Injured by a falling object from above
Our analysis of NYC DOB data shows why this law matters so much for Queens workers: 72% of all Queens construction incidents in 2024 involved worker falls. When falls are this common, having a law that holds owners strictly liable for safety equipment failures can mean the difference between a modest workers' comp settlement and a seven-figure recovery.
View text version of this infographic
Fall Accidents Dominate Queens Construction Sites
72% of all 2024 Queens construction incidents involved worker falls.
Common Fall Types:
- Ladder Falls — Most frequent cause of serious injuries
- Scaffold Collapses , Improper assembly and missing guardrails
- Elevated Platforms , Covered by NY Labor Law 240
New York's Scaffold Law (Labor Law 240) provides absolute liability for fall accidents when property owners fail to provide proper safety equipment.
Labor Law Section 241(6) provides additional protections. It requires construction sites to comply with specific Industrial Code safety regulations covering excavation, demolition, and general site safety, not just elevation work.
Labor Law Section 200 sets a general duty for owners and contractors to provide a safe workplace. This section requires proving negligence (unlike the strict liability of Section 240). However, it extends protection beyond elevation-related accidents.
What's in this video?
The attorneys explain the key construction safety laws in New York, including the Scaffold Law and how these statutes provide stronger protections for injured workers than laws in other states.
Workers' Compensation vs. Third-Party Claims: Why You May Be Entitled to Both
Many injured construction workers do not realize they can pursue compensation beyond workers' compensation benefits. Knowing the difference is key to getting the most from your case.
Workers' Compensation covers all injured workers regardless of fault. It provides medical expenses and partial wage replacement (typically two-thirds of your average weekly wage). However, workers' comp does not cover pain and suffering, full lost wages, or future earning capacity. You also cannot sue your direct employer under this system. Workers' comp is the exclusive remedy against your employer.
Third-Party Liability Claims allow you to sue parties other than your direct employer who caused or contributed to your accident. These include property owners, general contractors, subcontractors, and equipment manufacturers. Third-party claims cover pain and suffering, full lost wages, future medical needs, and loss of earning capacity. Under Labor Law 240, owners and contractors face strict liability for elevation-related accidents.
You can pursue both at the same time. Workers' comp provides immediate medical coverage while your third-party lawsuit proceeds. Any recovery from a third-party claim may require partial reimbursement to the workers' comp carrier. Your attorney negotiates this down, often by a large amount.
Orlow Firm case example: A maintenance worker fell off a ladder while fixing a sign. Workers' compensation covered his immediate medical bills, but we recovered a $950,000 third-party settlement for his fractured knee requiring surgery. Another construction worker fell 20 feet off a ladder requiring neck and back surgery. Workers' comp covered treatment, but we recovered $1.3 million through a third-party claim. Prior results do not guarantee a similar outcome.
Queens Construction Accident Hot Spots: Long Island City and Beyond
Our analysis of NYC Department of Buildings data shows where construction accidents are concentrated in Queens. The numbers are striking.
Long Island City accounts for nearly half of all Queens construction incidents. In 2024, 46.8% of all Queens construction accidents occurred in Long Island City. This is driven by the massive high-rise development boom including luxury residential towers, commercial projects, and ongoing infrastructure work. In 2025 (partial year data), Long Island City still accounted for 32.3% of incidents.
View text version of this infographic
Long Island City Dominates Queens Construction Incidents
In 2024, Long Island City accounted for 46.8% of all Queens construction incidents, driven by the high-rise development boom.
Source: NYC DOB Construction Accident Data 2024
Our review of OSHA Severe Injury Report data (2015-2025) shows Long Island City leads all Queens neighborhoods with 49 severe workplace injuries, including 30 construction-specific injuries requiring hospitalization. The neighborhood also recorded 12 workplace amputations, more than any other Queens neighborhood.
View text version of this infographic
OSHA Severe Injuries by Queens Neighborhood (2015-2025)
Based on OSHA Severe Injury Report Data:
- Long Island City: 49 severe injuries (30 construction-specific)
- Flushing: 24 severe injuries
- Astoria: 18 severe injuries
- Jamaica: 15 severe injuries
- Maspeth: 14 severe injuries (highest injury rate per 100 employees)
Long Island City also recorded 12 workplace amputations, more than any other Queens neighborhood.
Note: Severe injuries are those requiring hospitalization or amputation.
Other Queens construction hot spots include:
- Flushing , Second-highest for construction injuries, driven by major hospital construction at NewYork-Presbyterian Queens and commercial corridor redevelopment
- Astoria , Waterfront construction and residential tower projects
- Maspeth , Our analysis shows the highest injury rate in Queens at 4.49 injuries per 100 employees, driven by warehousing and manufacturing concentration
- Jamaica , Major transit hub with ongoing development
- Far Rockaway , Post-Hurricane Sandy rebuilding continues
Non-union sites are especially dangerous. Our analysis of DOB Local Law 78 data shows that 96% of Queens construction incidents occur at non-union or open-shop job sites. This is the lowest union share of any NYC borough. If you work non-union construction in Queens, you have the same legal rights as union workers. But the statistics show your worksite is more likely to have an incident.
Common Construction Accidents in Queens
Falls from heights dominate Queens construction accidents. Our analysis of NYC DOB data shows that 72% of all 2024 construction incidents in Queens involved worker falls. Knowing the types of accidents helps identify who may be liable.
Ladder Falls , The most frequent cause of serious construction injuries. Unstable, defective, or improperly positioned ladders lead to falls that cause severe injuries. We have recovered $3.375 million (fell 12 feet, neck and back surgery), $3 million (fractured femur and back surgery), $1.75 million (fractured ankle, multiple surgeries), and $1.3 million (neck and back surgery) for ladder fall victims. Prior results do not guarantee a similar outcome.
Scaffold Accidents , Improper assembly, missing guardrails, overloaded platforms, and defective parts cause scaffold collapses and falls. Our results include $2.474 million (electrocuted and fell), $2.1 million (fell off scaffold, shoulder surgery), $1.375 million (back and knee injuries), and $1.25 million (foreman fell from scaffold). Prior results do not guarantee a similar outcome.
Falling Objects , Debris, tools, and materials falling from above cause severe head and spinal injuries. OSHA data confirms falling objects are the second most common construction injury cause. We have recovered $2.6 million (drop ceiling fell on head), $750,000 (debris fell, shoulder surgery), and $375,000 (demolition debris). Prior results do not guarantee a similar outcome.
Electrocutions , Contact with power lines, defective equipment, and improper grounding cause severe burns and falls. Our results include $2.474 million (electrocuted on scaffold) and $700,000 (union painter electrocuted). Prior results do not guarantee a similar outcome.
Struck-by Accidents , Heavy equipment, forklifts, crane loads, and vehicles backing up on construction sites cause crushing injuries. We recovered $2.5 million for a worker whose wall collapsed onto his forklift. Prior results do not guarantee a similar outcome.
Structural Collapses , Wall collapses, floor failures, and trench cave-ins cause crushing injuries and fatalities.
Construction Injuries We Handle
Construction accidents often result in severe, life-changing injuries requiring extensive medical treatment. Our analysis of OSHA data shows that Queens had 95 construction-related severe injuries requiring hospitalization or amputation from 2015-2025. That is one-third of all Queens severe workplace injuries.
Back and Neck Injuries , The most common serious construction injury we handle. Herniated discs, fractured vertebrae, and spinal cord compression often require surgery and cause permanent disability. Our construction case results include numerous back surgery recoveries: $3.375 million, $3 million, $2.6 million, $2.5 million, $2.474 million, $2 million, $1.85 million, $1.75 million, $1.6 million, and $1.3 million. Prior results do not guarantee a similar outcome.
Traumatic Brain Injuries , Falls and falling object strikes cause concussions, skull fractures, and severe TBI with permanent cognitive impairment.
Spinal Cord Injuries , Falls from heights cause spinal cord damage leading to paralysis. We recovered $935,000 for a worker who broke his spine in a fall at an unfinished building. Prior results do not guarantee a similar outcome.
Fractures , Broken bones in hips, legs, arms, and ribs are common in falls and struck-by accidents. Our results include $1.75 million (fractured ankle, multiple surgeries) and $1.3 million (fractured heel surgery). Prior results do not guarantee a similar outcome.
Amputations , Our analysis of OSHA data shows Queens recorded 55 workplace amputations from 2015-2025, with 12 in Long Island City alone. We recovered $550,000 for a fingertip amputation at a worksite. Prior results do not guarantee a similar outcome.
Burn Injuries , Electrical burns, chemical burns, and explosion injuries cause severe scarring and nerve damage.
Wrongful Death , Construction fatalities leave families devastated. Our analysis shows Queens had the highest construction fatality rate among NYC boroughs at 4.4%, with 5 fatalities in 2024-2025 combined.
Who Can Be Held Liable for Your Construction Accident
Identifying all potentially liable parties is key to getting the most from your case. Unlike most personal injury cases, construction accidents often involve multiple defendants.
Property Owners , Under Labor Law 240 and 241(6), property owners are strictly liable for elevation-related falls and safety code violations, even if they did not directly supervise the work. This is one of New York's most powerful worker protections.
General Contractors , General contractors bear responsibility for overall site safety. They are strictly liable under Labor Law 240 along with property owners.
Subcontractors , Subcontractors may not face strict Labor Law 240 liability. However, they can be held liable under Labor Law 200 if they controlled the work area or created the hazardous condition.
Equipment Manufacturers , Defective ladders, scaffolds, harnesses, and power tools may give rise to product liability claims against manufacturers.
Equipment Rental Companies , Companies that rent defective or poorly maintained equipment can be held liable.
Architects and Engineers , Design professionals can face liability when defective designs cause accidents, though their Labor Law 240 liability is limited.
Staffing and Temp Agencies , If you were placed at a construction site by a staffing agency, multiple parties may share responsibility.
Note: You cannot sue your direct employer. Workers' compensation is your exclusive remedy against them. However, you can sue any other party whose negligence contributed to your accident.
What's in this video?
The attorneys explain which parties can be held responsible for construction accidents in New York, including property owners, general contractors, and equipment manufacturers.
Rights of Undocumented Workers in New York Construction
Your immigration status does not affect your right to compensation for construction injuries in New York. This matters greatly for Queens, where many construction workers are immigrants.
Under New York law, undocumented workers have the same rights as any other worker:
- Full workers' compensation benefits
- Labor Law 240 and 241(6) protections
- Third-party liability claims
- OSHA protections
You cannot be deported for filing a work injury claim. Employer retaliation for reporting injuries is illegal. You do not need a Social Security number to file a claim. Your immigration status will not be disclosed in legal proceedings.
The Orlow Firm has recovered millions for undocumented construction workers:
$2,474,000 , Undocumented worker electrocuted on scaffold; fell and required back and knee surgeries
$2,100,000 , Undocumented worker fell off scaffold; elbow and shoulder surgery
$900,000 , Undocumented delivery man struck by falling facade bricks; neck surgery
$400,000 , Undocumented laborer fell 6 feet from collapsed scaffold; ankle surgery
Prior results do not guarantee a similar outcome.
Your legal status does not matter. Se Habla Espanol. Call (646) 647-3398 for a confidential consultation.
What's in this video?
The attorneys explain the legal rights of undocumented workers injured on construction sites in New York, including their ability to file workers' compensation claims and third-party lawsuits.
What to Do After a Construction Accident in Queens
Taking the right steps after a construction accident can help your case:
1. Seek Immediate Medical Attention , Even if your injury seems minor, get checked by a doctor. Some injuries like concussions and internal bleeding have delayed symptoms. This also creates a medical record linking your injury to the accident.
2. Report the Injury to Your Supervisor , Written notice is required within 30 days for workers' compensation claims. Send via email or certified mail to create a paper trail. Be factual but do not admit fault or downplay your injuries.
3. Document Everything , If possible, photograph the hazard that caused your accident, the lack of safety equipment, and the overall scene conditions. Get witness names and contact information. Note any OSHA violations you observed.
4. Do Not Sign Anything , Your employer or insurance adjusters may ask you to sign incident reports or settlement offers. Do not sign anything without consulting an attorney first. Quick settlement offers are almost always lowballs.
5. Preserve Evidence , Keep copies of all medical records, bills, and wage statements. Save damaged clothing, boots, and safety equipment. Journal your pain levels and daily limitations.
6. Contact a Construction Accident Attorney Before Filing Workers' Comp , Consulting a lawyer first lets us evaluate your third-party claim options. We can file workers' comp on your behalf while pursuing additional compensation.
7. Stay Off Social Media , Insurance companies monitor Facebook and Instagram. Even innocent posts can be used against you.
Deadlines to Remember:
- Written notice to employer: 30 days
- Notice of Claim (City of NY projects): 90 days
- Workers' compensation claim: 2 years
- Personal injury lawsuit: 3 years (1 year 90 days for City cases)
What's in this video?
The attorneys walk through the steps injured construction workers should take right after an accident to protect their health and preserve their legal rights.
How Much Is Your Queens Construction Accident Case Worth?
Construction accident case values vary widely based on injury severity, Labor Law applicability, and evidence strength. New York's Scaffold Law (Labor Law 240) typically produces the highest construction verdicts because it eliminates comparative fault defenses.
Factors affecting your case value:
- Severity and permanence of your injury
- Whether surgery was required
- Medical expenses (past and projected future)
- Lost wages and lost earning capacity
- Whether Labor Law 240 applies (strict liability = higher value)
- Strength of evidence
- Number and financial resources of liable parties
Types of compensation available:
- Medical bills (surgery, hospitalization, rehabilitation, medications)
- Lost wages (past and future)
- Loss of earning capacity (if you cannot return to construction work)
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement and scarring
- Wrongful death damages for families
Our construction accident results:
| Recovery | Case Description |
|---|---|
| $3,375,000 | Construction worker fell 12' off ladder; neck, back, elbow, shoulder surgeries |
| $3,000,000 | Construction worker fell from ladder; fractured femur + back surgery |
| $2,600,000 | HVAC laborer injured when drop ceiling fell; back, knee, shoulder injuries |
| $2,500,000 | Wall collapsed onto forklift; lower back surgery |
| $2,474,000 | Undocumented worker electrocuted on scaffold; back and knee surgeries |
| $2,100,000 | Undocumented worker fell off scaffold; elbow and shoulder surgery |
| $1,850,000 | Elevator platform toppled onto worker; back surgery |
Prior results do not guarantee a similar outcome.
Why Choose The Orlow Firm for Your Queens Construction Accident Case
Queens roots since 1982 , Our main office at 71-18 Main Street in Queens has served injured construction workers throughout Flushing, Long Island City, Astoria, Jamaica, and all Queens neighborhoods for over 40 years. We know the local construction scene, the courts, and the medical providers.
Former Queens County Bar Association Presidents , Adam Moses Orlow, Managing Partner, is a former President of the Queens County Bar Association (2022-2023) and currently serves on its Board of Managers. His father Steven S. Orlow, our Founder and a Cornell Law graduate, also served as QCBA President (2008-2009). No other Queens construction accident law firm can match this local bar leadership.
Deep government experience , Steven Orlow served as Assistant District Attorney in Kings County, Counsel to the County Executive of Queens County, and NYC Council Member-At-Large representing nearly 2 million Queens residents. This background gives our firm unique insight into cases involving city contracts and public projects.
Family firm, partner attention , As a father-and-sons practice, a partner handles your case personally. You will not be handed off to junior associates or overwhelmed by a billboard firm.
$30+ million recovered in construction cases , Our track record includes 26 construction verdicts and settlements over $1 million.
Four NYC offices , Queens (main), Manhattan (Chrysler Building), Brooklyn, and Bronx. We can also come to you if you cannot come to us.
Free consultation, no fee unless we win , We work on contingency (typically one-third of recovery). You pay nothing upfront and nothing unless we recover compensation for you.
Se Habla Espanol , Bilingual services for Queens' diverse construction workforce.
Frequently Asked Questions About Queens Construction Accident Cases
What should I do immediately after a construction accident in Queens?
Seek medical attention right away, even if injuries seem minor. Report the accident to your supervisor in writing within 30 days. Document the scene with photos if possible, get witness information, and contact a Queens construction accident lawyer before signing anything or giving recorded statements to insurance adjusters.
Can I sue if I am already receiving workers' compensation benefits?
Yes. Workers' compensation only covers your direct employer. You can file a third-party lawsuit against property owners, general contractors, subcontractors, and equipment manufacturers while receiving workers' comp benefits. Third-party claims cover pain and suffering and full lost wages, which workers' comp does not provide.
What is New York's Scaffold Law (Labor Law 240)?
Labor Law 240 holds property owners and general contractors strictly liable when they fail to provide proper safety equipment for elevation-related work. If you fell from a ladder, scaffold, or roof because adequate protection was not provided, the owner is liable regardless of your own negligence.
How much is my Queens construction accident case worth?
Case value depends on injury severity, surgery requirements, lost earning capacity, and whether Labor Law 240 applies. Moderate injuries with surgery typically settle between $500,000 and $1 million. Severe injuries with permanent disability can result in multi-million dollar recoveries. Our firm has recovered over $30 million in construction cases.
Do I need a lawyer for a construction accident claim in Queens?
Yes. Construction accident cases involve complex liability questions, multiple potential defendants, and strategic decisions about workers' comp versus third-party claims. Insurance companies have experienced lawyers, and you should too. Our consultation is free, and we charge no fee unless we win.
What if I was partially at fault for my construction accident?
Under Labor Law 240, your own negligence is not a defense if the property owner failed to provide proper safety equipment for elevation work. This strict liability standard is unique to New York. It means you can recover full compensation even if you contributed to the accident.
Can undocumented workers file construction accident claims in New York?
Yes. Immigration status does not affect your right to workers' compensation or third-party claims in New York. You cannot be deported for filing a work injury claim, and your status will not be disclosed. We have recovered millions for undocumented construction workers.
How long do I have to file a construction accident lawsuit in Queens?
You generally have 3 years from the accident date to file a personal injury lawsuit. For workers' compensation, you have 2 years. If your accident occurred on a New York City project, you must file a Notice of Claim within 90 days. Contact an attorney right away to protect your rights.
What is the difference between workers' compensation and a personal injury lawsuit?
Workers' compensation provides medical coverage and partial wage replacement regardless of fault but does not cover pain and suffering. A personal injury lawsuit against third parties can recover full damages including pain and suffering, full lost wages, and future earning capacity. You can pursue both at the same time.
Who can be held liable for a construction accident in Queens?
Property owners, general contractors, subcontractors, equipment manufacturers, equipment rental companies, and architects can all potentially be held liable. Under Labor Law 240, owners and general contractors face strict liability for elevation-related accidents. They are responsible even without direct negligence.
How long does a construction accident lawsuit take in Queens?
Timelines vary from 6 months to 4+ years depending on injury severity, number of defendants, and whether the case settles or goes to trial. Severe injury cases often take longer because we wait for maximum medical improvement before settling. We move efficiently while ensuring you receive full compensation.
Do I have to pay upfront to hire a construction accident lawyer?
No. The Orlow Firm works on contingency, meaning we charge no upfront fees and collect nothing unless we recover compensation for you. Our fee is typically one-third of the recovery. Your initial consultation is completely free.
Contact a Queens Construction Accident Lawyer Today
If you have been injured on a construction site in Queens, do not face the insurance companies and their lawyers alone. The Orlow Firm has protected injured construction workers throughout Long Island City, Flushing, Astoria, Jamaica, and all of Queens for over 40 years.
With our analysis of NYC DOB and OSHA data showing Queens' troubling construction safety record, with 69 incidents in 2024, the highest fatality rate among NYC boroughs, and Long Island City accounting for nearly half of all incidents, experienced legal representation has never been more needed.
Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win your case.
Se Habla Espanol | Four NYC Office Locations | We Can Come to You
Sources & Official Resources
New York Labor Laws Cited
- NY Labor Law § 240 , Scaffold Law (Strict Liability for Elevation-Related Accidents)
- NY Labor Law § 241 , Construction Safety (Industrial Code Compliance)
- NY Labor Law § 200 , General Workplace Safety Duty
- CPLR § 214 , Personal Injury Statute of Limitations (3 Years)
NYC Laws & Filing Requirements 5. General Municipal Law § 50-e , Notice of Claim Requirement (90 Days for City Projects)
Statistics Sources 6. NYC Department of Buildings , Construction-Related Accident Reports 7. OSHA Severe Injury Reports , Queens Data (2015-2025)
Data Methodology
Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. NYC DOB Construction-Related Accident Detail Reports (2024-2025) and Local Law 78 Incident Notification data are published at the site/address level. OSHA Severe Injury Reports (2015-2025) are published by establishment address. We aggregated these records by Queens zip codes and neighborhoods to produce the borough-specific statistics cited above, as city and federal agencies do not publish pre-calculated Queens-level breakdowns.
